[Congressional Record Volume 166, Number 55 (Saturday, March 21, 2020)]
[Senate]
[Pages S1882-S1889]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MIDDLE CLASS HEALTH BENEFITS TAX REPEAL ACT OF 2019--Motion to
Proceed--Resumed
The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of the motion to proceed to H.R. 748, which the
clerk will report.
The senior assistant legislative clerk read as follows:
A bill (H.R. 748) to amend the Internal Revenue Code of
1986 to repeal the excise tax on high cost employer-sponsored
health coverage.
Mr. McCONNELL. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. DURBIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Romney). Without objection, it is so
ordered.
Mr. DURBIN. Mr. President, each of us receives a report almost on an
hourly basis from our home States. At the end of the day, my State of
Illinois sends a report on the latest situation involving this COVID-19
virus. There were 163 new infections announced yesterday--that is the
biggest 1-day jump we have had--and 1 additional death.
Governor Pritzker has issued a stay-at-home order for the State of
Illinois today beginning Saturday, today, at 5 p.m. until April 7. The
city of Chicago is closing its parks and libraries, as well, starting
today.
The Veterans' Administration has reported one confirmed veteran's
case with the virus in the Chicago area. That person is now under home
quarantine.
We had an exceptional situation at Midway Airport where two FAA tower
employees tested positive for the virus several days ago, and we, of
course, have to have an abundance of care and caution for the remaining
employees there. The FAA, together with the city of Chicago, has been
involved with screening the other employees and also determining
whether the workplace has been cleaned properly before anyone goes back
to work. The net result of it has been that Southwest Airlines
announced suspending its flights in the Midway Airport because of this
tower situation. When I spoke to the head of the Federal Aviation
Administration, he told me there was a similar challenge at another
major airport.
I am afraid we haven't heard the last of it. It is an indication of
what happens when someone tests positive in a work atmosphere that is a
critical part of our economy and the safety of our Nation. Our hope
is--fingers crossed--that this tower may resume its activities the
early part of next week, but we want to make sure that when we do, all
the employees are going to be safe in their workplace.
We are also laboring in Illinois, as many States are, with the
problem of not having adequate testing. We just don't know the extent
of the infection. I mentioned the numbers that were reported yesterday,
but that is based on the very small sample of tests that are being
taken. We still have not received the test kits, and those that we
have, some of them cannot be used because they don't have the necessary
reagent or chemical that is part of the collection process. It turns
out we are dependent on a foreign source for that chemical. In ordinary
times, it was never a problem, but in extraordinary times, it is.
I joined with Senator Alexander, Senator Blunt, and Senator Murray
asking the National Academy of Sciences, in the midst of this crisis,
to step back, get to altitude, and look down on the dependence of the
United States on foreign-made medicines, medical equipment, and medical
devices, and determine whether we need to reassess that dependence.
In the ordinary course of business, there is no problem with things
traveling back and forth between the United States and foreign
countries, but in this situation, where there is a public health crisis
that has interrupted ordinary trade patterns, or in the future, if we
anticipate a similar challenge because of terrorism, we have to think
ahead.
I hope the National Academy of Sciences will give us their analysis
of this situation as it currently exists and some guidance on how to
look to these issues in the future. It is critical that we do.
We also know that we have problems relating to our hospitals. One of
the things we have urged Senator McConnell to consider--and Senator
Schumer used the term ``Marshall Plan'' for our hospitals--I think it
is absolutely essential.
Yesterday, I had a conference call with 30 or 40--maybe more--
hospital administrators in the State of Illinois. I wanted to share
some of the thoughts they gave me yesterday in the course of that
conversation. This is through the Illinois Hospital Association. They
said: What we need is a direct and immediate infusion of funds. We need
access to critical supplies. We need a surge capacity.
There are 300,000 hospital workers in Illinois. At this point, they
need protective equipment that is lacking in so many areas. It turns
out that our Federal stockpile--whatever it is worth--was either not
large enough or cannot be distributed fast enough to meet the needs of
these hospitals.
One of the hospital administrators--I am not going to name the
individual hospital, but one of the hospital administrators of a major
hospital in Chicago said: We are worried about a shortage of
ventilators. I heard that over and over again.
They also want to let us know that these hospitals are taking huge
financial hits today. We know about the restaurant industry because we
see the closed restaurants, and we can imagine all the workers not
reporting to work and trying to make things work for their families
under the circumstances, but we don't appreciate the fact that because
of this COVID-19, many of our hospitals have seen a significant
reduction in their revenue streams.
One of the hospital administrators said: Our outpatient clinic work
is down to a minimum, and elective surgeries are being put off for
obvious reasons. That is 50 percent of our revenue at the hospital, and
so we have revenue issues going into this.
They urged me to, through Medicare and Medicaid, increase
reimbursements, and based on preliminary bipartisan discussions
yesterday, I believe that is being considered. Both Medicaid and
Medicare would increase the DRGs, for example, which is the
reimbursement mechanism for those treating COVID-19 patients.
They are concerned--and they told me this over and over again--that
at a moment when we need our hospitals more than ever, many of the
hospitals are facing closure because they just don't have the funds
necessary to keep the doors open. The ordinary sources of revenue and
profit have been pushed back and reduced. There are a variety of
proposals that came to us in terms of making these Federal funds
available, but they urged me over and over again to do this as quickly
as possible and not to establish some long, involved bureaucratic
process for applying for these funds.
We also talked about the money flowing directly to the hospitals
rather than through State governments or through some Federal agencies.
I know this is risky business when it comes to accounting, but at a
time of a national economic and public health crisis, I personally
agree with them. I think we have no choice.
I went through the hospitals, and they talked about their liquidity
and cash problems. They said we need to treat this like a FEMA
emergency. There are responses that use hospitals in those emergencies,
that cut through the redtape and get the money to the places needed as
quickly as possible. We have to do exactly the same thing.
They talked about the number of infections growing exponentially, and
they also talked to me about one rural hospital that literally said
they were within days of closing. I can tell you, in that area of the
State--a rural part of the State of Illinois--it means patients facing
any medical challenges will have long distances to travel to find a
place to be treated. We can't let that happen if it is at all possible
to save these hospitals.
They understand the overseas supplies are coming in. Many of them are
desperately needed. They asked if there is any way to expedite that by
the use of cargo air that may not be utilized in the ordinary course of
business. We are looking into that because of our economic situation.
[[Page S1883]]
I could give more information, but I won't. It is pretty obvious. The
first line of defense for us in this public health crisis will be our
hospitals. We are hoping that patients, through telemedicine, can be at
least counseled and diagnosed and we can avoid people coming to
emergency rooms unless it really is necessary.
I understand the impulse we all have. If someone we love feels sick
and appears to have the symptoms, we want them tested immediately and
treated immediately. We have to take care and heed the advice even when
it is hard. Telehealth is a way for us to have a better diagnosis of
those in long distances and perhaps counsel them that an immediate trip
to the emergency room is not necessary. I hope we can reach that point.
We are also concerned about extension of facilities. Currently, the
major hospitals in my State are looking to the expansion through
tents--the kinds of emergency shelters that might be available so that
people can be separated from one another.
Yesterday, I spoke to the Secretary of the Army, Mr. McCarthy, about
the availability of Department of Defense expertise. The Department of
Defense can step into a situation and very quickly convert hotels into
hospital-type arrangements. They can take closed hospitals and put them
up and running in very quick order. I think that expertise is
desperately needed.
I encouraged the Secretary of the Army and Secretary of the Defense
to make that expertise available. We are connecting them right now,
between our State and the experts at the Department of Defense. These
are men and women who do this. They are prepared to do it at a moment's
notice if our military men and women are in peril. I would say at this
point, America is in danger because of this, and we should turn to
their responses and help as quickly as possible.
I want to say one thing about a statement made earlier today by both
Senator Schumer and Senator McConnell. We have before us an
opportunity--and I hope we seize it--to show we can continue the
bipartisanship that leads us to this moment.
The first two bills that addressed this COVID-19 or coronavirus virus
threat to America were handled in an extraordinary way--perhaps to the
surprise of many Americans. They were done on a bipartisan basis and on
a timely basis.
We have only had the Republican proposal for a little over 24 hours.
Yet I can tell you that as soon as it was received, active negotiations
were undertaken at all levels. I sat through many of them yesterday.
They were done in good faith. There are differences, clearly, in
policy. We are really writing these bills as we travel down this path--
this dangerous path. It is important that we do it in a timely way but
also exercise good judgment.
My concern now is that we get this done and done this weekend because
if we can finish this bill in a satisfactory way to both Republicans
and Democrats and report it to the House when they return next week,
they will be able to take it up and move on it quickly.
There are so many Americans who are desperately waiting for word from
Washington as to what their future will be--first in terms of medical
care but second in terms of keeping their families together in
difficult times. I am not opposed, nor have I heard anyone opposed to
providing financial assistance to individuals and families who really
need it. We want to do that. I know the Presiding Officer has been a
leader on this issue as well. But we also were hoping that we can
include in this some guarantee that it won't be one-and-done, that it
isn't just a matter of providing this one check, stepping back, and
waiting for the consequences. We know many people are facing long-term
challenges and need an immediate and long-term commitment from us to
make sure their families can stay together during this difficult time.
I believe we can and should.
Let me close by saying this is an exceptional time. We are isolated
in one respect but closer in another. I think we all have come together
in ways unanticipated. I have been on two--FaceTime and Zoom--apps this
morning with members of my family, and we are doing this now almost on
a daily basis. I feel more connected now in one respect than usually is
the case. It is because we all care for one another. It goes beyond
families; I believe that sentiment is shared across America. We have to
keep it alive despite our political differences, despite all the things
that separate us. There is so much more that brings us together and so
much more that unites this country. We have to depend on that strength
now more than ever.
This is a challenge the likes of which we have never seen in our
modern history. We can rise to this challenge, as we have so often in
the past. I know we can do it in a unified way, bringing this Nation
together.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. DURBIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DURBIN. Mr. President, I want to clarify a statement I made
earlier. I said that, because of problems at the control tower at
Midway, Southwest Airlines had suspended its flights. It turns out it
has substantially curtailed its flights, but it has not suspended all
of its flights.
I want to put that on the record because, in this moment of great
national challenge, we should all take care that our remarks are
accurate. The earlier press report has been amended by the newspapers,
and I wanted to make my statement on the floor clear.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. VAN HOLLEN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. VAN HOLLEN. Mr. President, thank you for presiding today, and to
all who are here at this moment of extreme challenge for our country
and for the world, we must rise to the occasion and unite to fight a
common enemy, COVID-19, also known as the coronavirus.
What we are witnessing is Americans from all backgrounds and all
walks of life doing that around the country--coming together and
uniting, not physically close, but spiritually close to one another as
we work our way through this crisis.
In my State of Maryland, people are doing exactly that. Our
healthcare workers on the frontlines--whether they be nurses, whether
they be people working in clinics, in the hospitals, whether they be
doctors, they are all pulling together to get the job done.
Elected officials from the Federal, State, and local governments are
working together, as are nonprofits and businesses.
Three nights ago, I held a telephone townhall meeting on COVID-19,
and more than 5,000 Marylanders joined that call. They called in to
share their hopes, their concerns, and their determination.
Yesterday, in Maryland, we lost the second life to COVID-19, and our
medical services are being stretched thin. But people are coming
together to get the job done, and as we address the healthcare
challenges, we must also deal with the financial and economic pain that
is arising from that and spreading quickly.
Most of all, Marylanders, like other Americans, told us they want
clear guidance from public health officials and a united and effective
response to both the healthcare crisis and the economic fallout.
Since Marylanders are united and Americans are united, we, too, in
Congress must unite to do our job. And to date--to date--we have risen
to meet the moment. The question is, What comes next?
Over a few weeks ago, we did unite to pass emergency legislation to
provide $8.3 billion to provide funding to our public health systems
and to direct more dollars toward developing a vaccine and
therapeutics.
Last week we passed a measure to ensure that tests for the
coronavirus are free. It makes no sense to have any American
discouraged from getting a
[[Page S1884]]
test because they can't pay for it. That hurts them; that hurts the
entire community. That was an important provision, as was the emergency
food assistance for people in need.
In States that have closed schools, we have lots of students who are
now home. Many of those students get one of their best meals at school
during lunch, so that emergency food assistance has been absolutely
vital. In Maryland, we have about 350 schools that are now being used
for families to pick up food for their kids and for others in the
community.
We help provide more resources to State insurance systems, which are
being stressed more and more as we speak, and we need to do a lot more
on that front.
We passed emergency sick leave measures because we do not want to
have anybody feeling that they have to go to work in order to get the
paycheck to pay the bills if they are feeling sick. That is bad for
them, and obviously it is bad for their coworkers who would risk
getting the virus. So we took an important measure there, although
there, as well, there were big gaps in the paid sick leave provisions,
which we must close as we work on round 3 of this legislation.
So that brings me to what we are going to face now in the coming 12
to 24 hours, which is coming up with an economic package--a package
that deals with the economic fallout, and I want to address what I
think should be our priorities there.
But before I do that, I do want to take a moment to talk about the
healthcare situation that we are witnessing right now because, of
course, to the extent that we can stop the spread of the virus, to the
extent we stop the contagion from the virus, that is also the fastest
way to try to get our economy back on track. What we are seeing is so
many businesses going under and being threatened because of precautions
people are taking--understandable precautions--to make sure that we
don't spread the virus.
So in that fight on the healthcare front, I want to salute--I want to
salute--and thank all those healthcare workers who are on the
frontlines: the nurses, the hospital and clinic staffs, the doctors who
are doing heroic work and putting their lives and their health at risk
to help others and save the lives of others.
We here in this Chamber must do everything in our power to support
them in that important work--to support them as they support others.
That begins with making sure they have all the equipment they need to
protect themselves, but that is not happening. That is not happening as
we gather here.
There are severe shortages in the supply of masks, shortages in
supplies of simple but essential items, like gloves and gowns.
It took far too long, but the President finally invoked his authority
under the Defense Production Act, which helps spur domestic production
of some of these supplies. But even as we gather now, it is not clear
whether that is really up and running as it should be. In fact, it is
suggested from reports that we are falling short.
At the same time, we know others in the world are experiencing these
shortages. They are also being hit hard by the coronavirus. So here in
the United States, we cannot continue to expect to get these necessary
supplies from overseas when they are going to need them and keep them
in their own countries, and that is why it is essential that we ramp up
efforts yesterday to make sure that we have these supply chains here at
home.
Testing of the coronavirus--it is clear that the coronavirus got an
8- to 10-week head start in this country, and we were woefully
unprepared, especially with respect to tests to try to identify the
spread of the virus and where it was and how fast it was moving. We
were also unprepared on our testing infrastructure.
While we are now ramping up, we are still far behind. There are still
far too many bottlenecks in the system. At Johns Hopkins University in
Baltimore, they are doing their own testing, but their testing has been
limited by shortages in reagents. That was true a week ago; it
continues to be true today. And the University of Maryland Medical
System, another major research hospital system in our State, has not
yet begun to do their testing because of continued shortages of
reagents. That is absolutely unacceptable.
We are also hearing of shortages in swabs--simple swabs--simply to
take the test. We need to ramp up the testing supply. We also need to
knock down the barriers to getting tests. We need to adopt the South
Korean model, and many of us have been calling for this for a long
time. We see States and Governors moving forward with this, but the
Federal Government needs to take a much more active role in
establishing that infrastructure.
Ventilators--we have more and more sick patients, and if the
trajectories continue, it is clear we will face a shortage in
ventilators. We have to ramp this up much faster than we are doing
right now because, otherwise, we are going to have a lifesaving
treatment intervention that will not be available for those who need
it.
Mr. President, we are witnessing shortages in hospital beds overall
and shortages of beds in ICUs. We need the Army Corps of Engineers to
be working and building out this necessary emergency infrastructure.
As we take these emergency measures, we also need to continue to do
the urgent work of developing therapeutics and a vaccine.
I visited the National Institutes of Health about 3 or 4 weeks ago.
It is a national treasure. We are proud to have it located in the State
of Maryland along with the FDA. At NIH, I met with scientists who are
on the frontlines of developing the vaccine. They are working 24/7.
I think this moment is appropriate to salute all the men and women
who work at NIH. I hope I never see another budget proposal coming down
that cuts the vital medical research that is conducted there and around
the country.
They are working on a vaccine, and they are working on therapeutics.
They are in the process of conducting clinical trials on both. As we
have heard reported, they are conducting clinical trials on some off-
label drugs. These are drugs that have been developed to try to fight
against other diseases. They may not have worked against other
diseases. They may work as a therapeutic in this case of the
coronavirus, but as Dr. Fauci has warned us, nobody will know until we
do a clinical trial and nobody's hope should be unrealistically raised
until the evidence is in.
On the vaccine front, we have been told by the scientists--by Dr.
Fauci and others in his lab--that it will take a minimum of 12 to 18
months to develop a vaccine, and that is much faster than the usual
timetable to develop a vaccine. People are working overtime to get this
done. Clinical trials have already begun on a vaccine, as well, but 12
to 18 months, while fast for developing a new vaccine, is a long time
given the immediate crisis that we face now.
So what do we do now on the healthcare front? First, no more mixed
messages--let's let the healthcare authorities speak and provide the
guidance that the American people need at this time.
For far too long, the President of the United States downplayed the
crisis, even calling it a hoax at one point. We know it is not a hoax.
We know the death toll and the number of sick continues to rise, and we
must pull together in a fact-based way to address it. We have to listen
to people like Dr. Fauci and others who have called for dramatic social
distancing measures.
One of those measures we must take is teleworking wherever we can do
it. We have seen offices here in the Senate and the House rapidly move
toward teleworking and make changes in their offices to facilitate
teleworking. Just a few days ago, the President finally said to the
country that employers should facilitate telework--a little late, but
it was the right message. Unfortunately, there has been a lot of foot
dragging in the executive branch itself when it comes to teleworking. I
and a number of our colleagues have asked the President to issue an
Executive order on teleworking. The President has not done that yet.
The head of the Office of Personnel Management resigned a few days
ago. This is the person who is in charge of all the Federal Government
personnel from an operational standpoint and who resigned in the middle
of this crisis. We don't know why. Finally, OMB,
[[Page S1885]]
or the Office of Management and Budget, issued a directive to agencies
saying to maximize telework. But I represent a lot of Federal
employees, and I am hearing from lots of them that their agencies
apparently haven't gotten the message. The President needs to issue
that Executive order, and he needs to do it today. Too many Federal
employees are being put at risk because agencies have not taken the
time to expand telework opportunities. We need to lead by example, not
from behind.
Many Governors are leading by example and States are doing that, as
are local officials. They are directing the necessary social distancing
measures. In my State of Maryland, Governor Hogan has closed schools to
prevent the spread of the virus. Restaurants are closed, bars are
closed, gyms are closed, and many other gathering places are closed.
There are all of those social distancing steps being taken--whether by
government directive or voluntarily, by our constituents heeding the
calls to take these precautionary measures. All of those necessary
steps have resulted in a huge and escalating economic fallout.
Thousands of workers have already been furloughed or laid off around
the country. Small businesses are being crushed. No customers in the
door, no sales, and no income mean you can't pay your employees. It
means you can't pay your bills. Whether they are mortgages on your
restaurant or mortgages on your home, those bills are still due and
coming.
So what do we do? What do we do as we approach round 3 here in the
U.S. Senate and House, having successfully worked on a bipartisan basis
to address rounds 1 and 2? First of all, as for unemployment insurance,
because of rapidly escalating layoffs around the country, claims are
rising, and we need to rise to the occasion. We need a far more robust
system, and, certainly, during this emergency period, we should provide
100 percent wage replacement to workers who have lost their jobs
through no fault of their own as a result of this crisis.
We also need to address the totally antiquated aspects of our
unemployment insurance system. Some of that will have to wait until
after the crisis, but on an emergency basis, we need to address the
needs of people who are working as self-employed individual
contractors.
Let's say you are an event planner, and all of your events got
canceled. You are not currently in the unemployment system in most
States, probably, but you are no longer getting any income. We need to
make sure the unemployment system in this emergency addresses those
workers and we need to work on a long-term fix. There is the gig
economy. We all know the gig economy is a larger and larger share of
our economy. A lot of those workers are not covered. If you are a
worker who is in the taxi business or working for one of the other
transportation agencies, you are not able to pick up folks at the
airport anymore because people aren't coming to the airport, and you
are not covered by other unemployment systems.
So if it is Uber or others, we need to address those workers and make
sure they have wage replacement during this terrible shutdown of parts
of the economy. We need to focus on that. Senator Wyden has introduced
a bill--I am proud to cosponsor it with him--that addresses many of
these issues, but we need to tackle it as part of the bill that we are
dealing with right now, because these people are losing their jobs
right now.
Second is no foreclosures or evictions during this period of time.
You lose your job. You got no money. We are working on wage
replacement, but we haven't done this yet. In the meantime, bills are
coming due. Someone is demanding a mortgage payment. Someone is
demanding a rent payment. We need to freeze collections of these
payments and defer payments until after the emergency.
This is easier said than done, because when we say to a landlord that
they can't collect the rent, we also need to say to the bank who loaned
money to the owner of the building that they have to exercise
forbearance on that loan.
That is why a group of us and I organized a letter recently that went
to the heads of the financial regulatory agencies--the Fed, the OCC,
the FDIC--asking them to use the full extent of their powers to address
this issue in a way that deals with the entire economic food chain,
from the lenders at the top of the chain to the borrowers at the bottom
of the chain, because they are the ones in a position to do it.
I just got a letter back last night from the FDIC. I hope to hear
from the others quickly, but we don't have time to wait. We should
address that issue to the maximum extent in our powers in round 3,
which we are working on right now.
Third, small businesses and medium-sized businesses are crushed--no
customers in the door, no revenue, bills mounting, trying to make
payroll. Of course, many of them have already had to lay off some of
their employees because their bills are coming due, and they have to
try to figure out how to simply stay afloat.
A lot of people have said: Well, let's give these small businesses
emergency loans. Well, if you think about it, if you are a small mom-
and-pop operation, another loan at this point, when there are no
customers coming in the door, is simply going to saddle you with more
and more debt at the end of this emergency. So extending a loan is, in
some ways, for these small businesses throwing them an anchor, because
they are never going to be able to recover. They are only going to have
more and more debts to pay off at the end of the day when they are
trying to restart their businesses and get people back in the door.
I have a wonderful local example. Her name is Julie Verratti. She is
the co-owner of the brewery and restaurant in Maryland called Denizens.
It is a family business. She wrote to me a number of days ago, because
she is undergoing exactly these kinds of stresses and pressures. She
writes:
Small businesses need a bailout right now without delay.
The number one thing we need is cash retention and cash
infusion.
Here are specific actions that will help make that happen:
1. [An] immediate moratorium on all commercial debt
payments (loans and credit cards) mortgages, and rents. If
you have to choose, focus on SBA loans because small
businesses are the only ones that go the SBA backed route.
She also says:
Immediate moratorium on all evictions and foreclosures.
We have to work on that front. I talked about that. But we also have
to attack this from all angles. That is why this small business relief
is so essential, and it must take the form of grants, so long as the
businesses use that money for prescribed purposes: maintaining
payroll--whatever payroll may be left--and paying their ongoing debts
and obligations. Loans, as Julie says, will not fix this for small
businesses. It must be in the form of grants--again, so long as the
recipient complies with the terms of that grant.
Small businesses like mom-and-pop organizations that already had to
lay off employees should not be penalized. They should be eligible for
the grants to pay their mortgages to keep themselves afloat.
Many midsized businesses are in this position as well. We need to
address that because they are in many cases laying off employees in
large numbers.
Just for a local example, people who live in this area may be
familiar with Silver Diner. Unlike Dunkin' Donuts, which works on a
franchise model, the Silver Diner owns its different Silver Diners
throughout the region. They have 1,800 employees. Their employees, in
most cases, have had to be furloughed or laid off because of no money
in the door. But the Silver Diner is too big an operation to meet the
strict requirements of the Small Business Administration. So, in this
emergency situation, we need to provide flexibility that allows us to
help some of these middle-sized businesses that are undergoing
incredible stress because we want to make sure we help their workers
and help them retain as many workers as they can, but also to make sure
they can pay their bills when no customers are coming in the door. They
need to pay the bills so that, when this is over, they can open up
operations and rehire those employees.
That is why Senators Murphy, Merkley, and I introduced a proposal
yesterday to address these stresses on small and medium-sized
businesses, not with emergency loans that they are not going to be able
to afford to repay later, but with emergency grants so long as those
grants are used for the
[[Page S1886]]
purposes indicated. That would put these small and midsized businesses
in a position to rehire their employees once this economic storm passes
through.
There are, of course, other major industries that have been hard hit,
and we should consider what kind of relief is appropriate for them,
like the airlines. We have to be very careful that we don't repeat some
of the things that went wrong in the past when it came to helping big
businesses. Yes, we would like to help their workers through this
storm, but we need to make sure that any funds that go to the airlines,
for example, are not used for more stock buybacks that simply help
their stockholders and executives and CEOs.
The airlines have engaged in a huge amount of stock buybacks in the
last year, including after the $2 trillion tax cut that was provided.
Instead of using a lot of that revenue to invest in their workers and
plant equipment, a lot of it went out the door in the form of stock
buybacks, and it would be unacceptable for any relief monies to go for
that kind of purpose or to go for any kind of bonuses.
In fact, if the taxpayers are going to be making some investments to
keep some of these big industries afloat, we should look at what we did
in some of the earlier cases later in the game with respect to
preferred stock so that taxpayers get fully repaid and we also have a
stake in the future success of that investment.
One other big area that has not gotten much attention in discussions
here on Capitol Hill until the last few days has been the huge needs
being faced by State and local governments--States like my State of
Maryland, cities like Baltimore City, and other cities and towns in
Maryland. They are on the frontlines in many respects, and they are
facing huge pressures, which is why we received a letter, an emergency
plea from the National Governors Association, just the other day.
This is a bipartisan point from Governors Larry Hogan and Andrew
Cuomo, and they point out, No. 1, that Medicaid is a major source of
Federal help that they use to provide for the medical needs of people
in their States, and they are asking for an increase in FMAP. We
provided some increase in FMAP in one of the earlier bills we passed,
but they desperately need more as the health impact of the virus
continues to spread.
As you can imagine, transit systems, whether paid for by States or
local jurisdictions, are essentially seeing all their revenues dry up
as people understandably don't get on those crowded systems. So no
revenue means that they are in a world of hurt. We need to provide
emergency help.
The National League of Cities has also sent us a letter talking about
similar kinds of needs, and we need to address those needs in this
bill, round 3, and not, as some are suggesting, postpone that to some
future date. We don't know when that would be because the emergency is
now, and the need is now.
Finally, this healthcare crisis has exposed some huge fissures in our
society in the kind of safety net that we provide. I am not going to go
into the entire list because it is too exhaustive to go through, but I
want to highlight a couple of things.
We had, in the first instance, the question of whether people are
going to have to pay for the coronavirus tests. We all recognize that
it is a public health imperative. It would be a mistake to have people
have to pay for tests because, if you can't afford it and therefore
don't get it, then it not only hurts you, but it hurts other people
There has been a lot of discussion about the vaccine. When we develop
a vaccine--and we hope we will--that also needs to be available to all
Americans without cost. That is something we need to address.
Senator Scott from Florida and I have pointed out that a lot of the
drugs that are developed by pharmaceutical companies are drugs that
benefited from the research at the National Institutes of Health. And
who pays for the research at the National Institutes of Health--at NIH?
Well, the taxpayer, to the tune of about $40 billion a year.
So it makes no sense at all for the taxpayers, who made this big
investment in research and development of a drug, to then be price-
gouged by the pharmaceutical companies that take the benefits of that
good work and then add a big, big pricetag. Our proposal would make
sure that where you have that kind of public investment in research and
development, you essentially have a process to make sure that there is
a reasonable price. Ultimately, when it comes to a public health
vaccine, as is being developed now, we need to make sure that it is
available to everybody and that nobody cannot afford that.
Second, as our schools have been shut in many States, we are seeing
the results of the digital divide--just one piece of that--because
there are a lot of students who don't have access to the internet, and,
therefore, they are not going to be able to engage in distance learning
if this crisis continues and schools decide to try to expand distance
learning. Why? Because they are not connected to the internet or they
don't have a computer at home, so many of us have introduced proposals
on this. I have introduced a bill to close the digital homework gap. We
are asking the FCC to use emergency authorities to direct funds to buy
devices--simple devices--that a student who is not connected to the
internet could use to get some reception to be able to do their
homework. We should do that right now, but then, of course, we have the
longer term challenge of building out that broadband infrastructure to
deal with the digital divide.
Then there are things we should do to make sure we are better
prepared. There is a long list of those, but one of them is pretty
simple. Senator Angus King and I have sent a letter to the folks who
are finalizing and putting this bill together to require that the
office at the White House that had previously existed under the Obama
administration--the office that was set up specifically to be an early
warning system for a pandemic response like the one we are witnessing--
that that be a permanent office within the White House and that no
future President would be able to dismantle that office. We are
learning now, the hard way, what happens when you don't have that early
warning system and strategic response at the highest levels of the U.S.
Government.
So those are some of the things we should be doing. As we gather
here, America's best minds--our top scientists around the world--are
looking to answer questions about the virus and help develop a vaccine.
Brave healthcare workers are treating the sick and preparing for many
more patients. The people who produce and deliver our food and other
essentials, who keep our water, power, and internet on are all at work,
whether in their work spaces or teleworking. First responders are on
duty, and our military continues to defend the Nation.
Marylanders and Americans are doing their part--staying at home,
social distancing, finding ways to be together while apart, and,
perhaps most challenging for kids, staying busy and not going
completely stir-crazy. Teachers and students are embracing distance
learning. Families are marking birthdays and other special occasions
with e-cards and video chats. Those at the lowest risk are doing what
they can to protect the most vulnerable among us.
The fundamental decency of all these Americans is shining through. I
draw strength and faith from their actions, and I know that, together--
if not physically together--working together, we will succeed. We will
succeed if we come together here in the House and the Senate like
Americans are working together around the country. If we can do that at
this moment, as we approach round 3 of our actions, then I am
absolutely confident that the country will have the resources and
direction it needs. Let us be as united and determined as the American
people.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. CORNYN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Kennedy). Without objection, it is so
ordered.
Mr. CORNYN. Mr. President, we are here on a Saturday, which is not
typical for the U.S. Senate, but these are not typical times. More than
a month before cases popped up in every State
[[Page S1887]]
across the country, some of the first coronavirus patients who were
evacuated from China arrived in San Antonio, TX. They were quarantined
at Lackland Air Force Base and treated by the dedicated health
professionals there.
At that point, things looked a lot different. Outside of those
evacuees, no Texans were known to have acquired the coronavirus, and,
for the most part, the virus didn't impact people's daily lives. They
would see updates on the news about the growing number of cases in
China, read about the people being evacuated from cruise ships and
other countries, but there was no evidence the disease was spreading
through our communities. Schools were filled with children, restaurants
with customers, and arenas with sports fans.
But, as we know now, it didn't take long before the situation took a
quick turn. Once new cases began popping up, it was clear that our
communities were exposed. Over the last few weeks, the virus has spread
across the country, and our health officials and community leaders have
taken every precaution to keep their people safe. They have canceled
in-person classes, emptied office buildings, called off large events,
and encouraged folks to stay home and avoid close contact with others.
On Thursday, in Texas, Governor Abbott issued an executive order
adopting the standards set out by the President and the Centers for
Disease Control to further slow the spread across the entire State.
Among other measures, this executive order closed schools and required
all restaurants, bars, and food courts to put a stop to dine-in
options. They have to move to drive-through, carry-out, or delivery
service only.
Now, I believe these precautions are in the best interest of the
public health. Certainly, we hope they don't have to last long, but
they are necessary now, and I want to thank the Governor for taking
these steps in the interest of public safety.
As cities across the State and across the country have taken similar
precautions, we have seen the economic consequences that these
difficult decisions have brought about. Our local restaurants, hardware
stores, and gyms don't have the money to keep paying their employees'
wages and expenses without anything coming in the front door.
Through no fault of their own, many of these businesses suddenly find
themselves without customers to serve, but the bills are still coming
in. Expenses continue to pile up--things like rent, utilities, and
other things you can't avoid, even if you are not paying payroll.
Then, there are the employees wondering how long they are going to
have to be off the job and how long it will be before they are able to
apply for unemployment compensation or otherwise pay for their
expenses.
This is different from any crisis since I have been in the Senate. I
got here shortly after 9/11. We know what that was like. It was about a
trillion-dollar hit to our economy. Obviously, it was a national
security incident. Three thousand Americans were killed here in the
United States, and that started the war on terror, which we have been
fighting ever since.
In 2008, we had the great economic meltdown on Wall Street because of
all of these exotic mortgage products that the banking and the mortgage
industry had created. We remember what happened there. Unfortunately,
it became necessary for us to take extraordinary measures to help the
very same industry that caused the problem back in 2008. As distasteful
as that was, I believe it was in the best interest of the country and
our ability to recover from that disaster.
This is different. Nobody in this country caused this problem. We are
all equal victims of this virus. So I think, as we look at how we
should respond to this epidemic--or pandemic, as now it has been called
because it is global in nature--we need to look at how we can target
the help to the people who need it the most in order to bridge this gap
between the lack of a paycheck and unavailability of unemployment
insurance, and how do businesses, small and large, burn through their
cash or reserves but still stay alive so that they can rehire the same
people they have laid off once this crisis passes.
What I am hoping happens is that, after this crisis passes, we learn
some important lessons, things about the supply chain for our
medication, supply chain for medical equipment and the like, and what
we need to do to protect ourselves and the rest of the globe against
pandemics like this, because there has been, in my lifetime, nothing
quite like this in terms of the fear it has engendered and the reaction
of both the markets and the economy--as well as the public health
concerns.
So we need to learn important lessons from that. In the interim, we
need to do everything we can to lend a helping hand to those who need
our help. The Senate has already passed two bills as part of what we
all know will be a long recovery process. The first focused primarily
on our public health system by sending vital funding to healthcare
providers, investing in the development of vaccines, possible
treatments, and more diagnostic tests.
Something I hear from my Governor and our local officials, something
they need the most and ask me about the most, is testing, so that, for
people who develop symptoms, they can figure out whether this is the
seasonal flu, allergies, something else, or is this the COVID-19 virus,
because, if it is the COVID-19 virus, they need to be isolated, either
at home under the watchful eye of their healthcare professional or, in
some cases, if they become seriously ill, if their breathing becomes
compromised, they need to go to the hospital. So the first bill focused
primarily on the healthcare aspects. The second bill that was passed,
signed by the President just a few days ago--I think it was on
Thursday--focused more on the small businesses and individual workers
who have been impacted.
Of course, as we all know, we are now working on the third
installment. We don't know how many installments will be required, how
many chapters are in this book that we are in the process of writing,
but we know that this is important, and it is important that we act
with effectiveness but speed at the same time.
This is the largest of the bills so far. We are talking about amounts
of money that stagger my imagination, but I believe this emergency
requires bold action to address this pandemic from every angle
possible. As I said, once this passes, we need to learn the lessons
that this virus is trying to teach us to make sure we never find
ourselves in this sort of vulnerable position again. But, in the
meantime, we have other work to do.
As the leader has previously outlined, the Coronavirus Aid, Relief,
and Economic Security Act--the acronym is CARES Act--will take action
on four major priorities
We will see, for people who, through no fault of their own, don't
have any money coming in, direct financial aid--something many of us
never would have contemplated under nonemergency circumstances. We will
see, of course, relief for the small businesses I mentioned, people
like the restaurants, hotels, and others. They have no customers
because their business is shut--again, not through any fault of their
own but because, by order of their Governor or local government
official, for public health purposes they are shut down. So we need to
find some way to throw a lifeline to those small businesses.
Then, I believe, for those large employers that hire tens or maybe
hundreds of thousands and probably millions of Americans, we need to
find a way to help them obtain loans that they will pay back, with
interest, but that will bridge this period of time while they are
burning cash and wondering: Will I still be around? Will I still be
viable as a business once this crisis passes?
What we need to have happen is, once we defeat this virus, we need to
make sure that America goes back to work and our economy, which was
incredibly strong until this virus hit, is restored.
I am hopeful that some of the projections that we have seen by people
like JPMorgan and others, which, unfortunately, show a dramatically
negative impact of the virus during the first and second quarter, the
second quarter probably being the worst--we need to make sure that this
is a V-shaped recovery. In other words, when we hit bottom, we need to
make sure our economy bounces back, and that means these businesses
need to remain intact,
[[Page S1888]]
and they need to be prepared to rehire their employees if they had laid
them off. And we need to make sure that our economy is restored by a
rapid recovery.
That is why I think this bill is so important.
Of course, the fourth is more support for our healthcare
professionals. On the first point, direct aid, we know many workers
have lost their jobs or had their hours seriously cut down. As we all
know, that is especially true for the service and hospitality
industries, which have been the hardest hit.
Think about your local waiter, somebody working for tips, somebody
working for an hourly wage--bartenders, hairdressers, housekeepers--the
ones who, only a few weeks ago, had jobs and steady paychecks and are
now without any income with which to sustain themselves or their
families. They are wondering how they are going to pay the rent before
the first of the month, cover their electric bill, buy groceries to
feed their family, and keeps things afloat until life returns to
normal.
We are working to get that money into the hands of Texans and
Americans who need help now, as fast and as efficiently and as
effectively as possible--no paperwork to fill out, just direct aid from
Washington to middle-class Americans. Again, it is something I never
would have contemplated in a nonemergency situation, but I think, under
this situation, we need to act quickly and we need to act effectively
to get money into the hands of those who, through no fault of their
own, don't have any money coming in.
This can help cover expenses while their income is short, perhaps
provide a little extra stability, and inject a little extra money into
our economy when it is desperately needed.
On small businesses other than the ones I have mentioned, I have
heard from a number of them who are worried they will not be able to
weather the storm without significant and immediate financial
assistance in some form. Well, this legislation would provide new small
business interruption loans through their local financial
institutions--the banks, their credit unions. These businesses can turn
to those banks and credit unions and whoever their preferred lender
might be for a federally backed, Small Business Administration loan.
Qualifying businesses can use this money to cover their rent, core
expenses, and payroll.
In fact, that is what we want them to do. We want them to continue to
keep their employees on the payroll if they can so that, as soon as
people start showing up again to patronize their business, we can see
the economy take off as these people are restored to their former jobs.
We are hoping to minimize the disruption that this virus will have for
our Main Street businesses and do as much as possible to avoid layoffs.
But we also need financial assistance--I would call it economic
stabilization--for some of the largest employers in the country,
including our airlines, that our economy depends upon. Now, I said
``loans'' because this money will be repaid. As to those people who
claim that somehow we are bailing out large American corporations, that
is not what we are proposing here. We are not giving companies a free
pass for their own bad decisions.
Again, nobody here in America contributed to this condition in which
we find ourselves. That was the virus that emanated in Wuhan Province
in China. But if we are going to have any chance of rebounding in the
long term, we have to ensure that these businesses can survive. No
American business, from your local sandwich shop to a major airline,
asked for or expected this turmoil, and they need our support now.
The final pillar of this bill will hit at the cause of this crisis:
the virus itself. Supporting our healthcare professionals and first
responders and ensuring that they have the resources and equipment they
need is priority No. 1. We also need to continue investing in the
development of a vaccine--although we know that will take months--in
the interim, and possible treatments, including some of the drugs that
are already on the market that are now being tested by the Food and
Drug Administration to see whether this new application for combating
the COVID-19 virus is effective and safe for people to take, and, of
course, more testing and diagnostics. That is one of the things that
distinguish America from the rest of the world on not only how
resilient we are but how quickly we innovate our way out of problems.
As the Presiding Officer knows, we were just at a meeting where
Senator Alexander, the chairman of the Health, Education, Labor, and
Pensions Committee, said that soon he anticipated a new, FDA-approved
testing kit for the coronavirus that will be widely available. People
who now can't get access to a test will be able to use the test based
on advice from their medical provider and gain the confidence of
knowing ``Hey, I am negative. I don't have anything to worry about
personally, and what I need to do is to continue to do what the Centers
for Disease Control told us all we need to do, which is to maintain
good personal hygiene and social distancing''--a new phrase that we
have all become acquainted with. As long as you are negative and you do
those things, then you are likely going to be healthy and not be
affected directly by this virus.
That is one of the things that are happening in real time now--
development of the new tests. The proliferation of this inexpensive and
quick testing will allow for people who are positive to be identified
so they can be treated either at home or in a healthcare facility.
The truth is, most of us--if you are otherwise healthy, if you get
the coronavirus, you may experience some minor symptoms. One of the
biggest concerns is people who got the virus and are asymptomatic or
presymptomatic and whether they are infecting other people. But for
most of us, you will be fine after you recover, but you need to be
isolated so you don't infect others. And some people--particularly the
elderly and people with comorbidities, underlying illnesses, or medical
conditions, who are the most vulnerable--will have to be hospitalized,
to be sure.
This is one of those all-hands-on-deck moments unlike I have ever
experienced before in my service in the Senate. I appreciate the
response from the administration and the President on down. I
appreciate the cooperation among our colleagues who have worked to
prepare not only the initial proposal but who are working now on a
bipartisan basis to come up with a package we can vote on quickly. I
hope negotiations with our Democratic colleagues will move smoothly and
meet the majority leader's target of having a package we can vote on on
Monday.
Will this be the last bill we pass relative to this crisis? I doubt
it, but we don't know for sure because that, I think, is what is
driving so much of the volatility in the markets and the uncertainty
and fear that some people feel--it is the unknown. As we work our way
through this, we will be able to adapt additional legislation, if
required, to meet with the needs at that time. As I said, this has been
a moving target.
I appreciate the cooperation we have seen so far. I think, as we all
realize, there are some things that transcend politics. Every time we
have had a national crisis--this one included--I think it has always
called the better angels of our nature and resulted in our ability to
work together to produce our best efforts to help address the crisis,
to solve the problem, and to help the American people.
Each day we waste debating this bill further by talking about other
ideological goals that people want to accomplish and take advantage of
this emergency to try to pass things that are unrelated to dealing with
the virus--every day we waste with those sorts of things is a day that
healthcare providers, small businesses, and constituents are spending
without the help they need and deserve.
The time to act is now. There is no question that this pandemic will
have a lasting impact on our country. I believe one of the things we
need to do is figure out how we can prevent this sort of thing from
happening ever again. But I believe a major investment by our
government will now allow us to weather the storm together and to come
out with the best possible result on the other side.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
[[Page S1889]]
The senior assistant legislative clerk proceeded to call the roll.
Mr. BARRASSO. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BARRASSO. Mr. President, I come to the floor today to provide an
update on the bold, bipartisan action Congress is taking to respond to
the pandemic we have with the coronavirus.
First, we are all deeply saddened by the loss of life due to the
outbreak in this country and globally. I know, Mr. President, it has
affected your State in terms of disease as well as death; in my State,
disease, not yet death, and we are hoping to prevent that. All of us
remain very concerned about the great loss of life and the suffering
that is happening as a result of this.
These are extraordinary times. We are fighting a world war to defeat
a virus. We want to do it to save lives but also to keep people safe.
This war has two fronts. Mr. President, I know you discussed these on
television the other evening. I listened carefully about the impact on
your State. As you said, we are fighting on the front of public health
as well as the health of our economy.
The coronavirus right now is controlling our economy. It has taken a
dominant role. To stop this disease, the Nation has largely shut down.
These temporary restrictions on our daily activities are necessary in
an effort to limit new cases and the spread of the disease. Yet the
economic fallout is devastating millions of hard-working American
families. Once we defeat the virus, we will rebuild. Our economy will
bounce back. We are a strong and resilient Nation, and we always bounce
back, and we will again.
First, we need to make it through this medical crisis. This is going
to require big and bold and bipartisan action. The American people need
help. I would reassure the American people that Congress is responding.
This is a national rescue operation, as I see it, and help is on the
way.
President Trump and Congress are coming together in a bipartisan way
to ease the pain of the American people. It is going to take time. It
is going to happen. We are sending immediate relief, and we have done
that. We are sending financial support--plus medical support--to people
all across America.
The bill being considered on the floor right now is called the CARES
Act. It stands for Coronavirus Aid, Relief, and Economic Security Act.
It will bolster our economy, and it will help working families. This
bill allows us to deliver direct cash payments to most Americans to see
people through this economic downturn. People who work in small
businesses and people who own small businesses will receive federally
guaranteed loans to help them stay viable and keep their businesses
viable so that they can keep their employees on the payroll until we
get to a point where they are--from a disease standpoint--able to
reopen the businesses. We want them to be viable when the day comes
that businesses can reopen all across America.
The CARES Act is major legislation that will stabilize our economy
and protect American jobs. It also includes critical new support for
our healthcare workers and for patients.
I have introduced bipartisan CARES Act language, along with Senator
Michael Bennet of Colorado, with regard to healthcare. The goal is to
provide immediate relief for rural hospitals, for small community
hospitals, and for small physician practices. During this crisis, rural
hospitals and small healthcare providers are on the frontlines,
providing urgent care. They continue to work around-the-clock, keeping
communities in Wyoming and across the country safe.
These providers are stretched like never before. I have talked with
several of them in Wyoming over the past 24 hours. I talked to one this
morning whose coronavirus test has come back. It is negative, and he is
back in the fight today in the hospital.
Our bill provides rural hospitals with aid in the form of Federal
grants based on insurance payments. This will help make up for lost
revenue due to the forced cancellation of elective surgeries. Of
course, these are surgeries that have already been scheduled and
planned for patients needing surgeries. Yet, in terms of providing and
making sure we have the resources needed at those hospitals--the beds
available and personal protective equipment--elective surgeries have
been canceled. Small physician practices, hospitals, and rural
communities aren't able to tolerate that sort of loss of flow, just as
any business is not able to tolerate that sort of cashflow loss.
Small physician practices will receive low-interest loans based on
the payroll of that practice in terms of what we are doing with this
bill that Michael Bennet and I--in a bipartisan way--have introduced.
Rural healthcare workers need immediate, short-term financial relief to
help them through this crisis time.
The CARES Act also includes a number of important public health
provisions. Our bill eases the shortage of drugs and critical
equipment, including ventilators and medical masks. It expands testing
and ensures testing is free for patients, and it speeds the development
of new coronavirus vaccines and treatments since none have existed
before the disease was made known worldwide as a new virus, which it
is.
The CARES Act that we are at looking today on the floor of the Senate
also protects patients through the expanded use of health savings
accounts for telehealth. It expands telehealth access for Medicare
patients. It increases Medicare payments to hospitals treating
coronavirus patients.
The CARES Act will help employers and workers weather the storm that
we are facing because of coronavirus. Once the storm passes, you know,
as do I, that the American economy will continue to recover.
The CARES Act is the third coronavirus emergency bill considered in
the Senate. The first two have already been passed into law, signed by
the President. Earlier this month, Congress passed two major relief
packages: the first, an $8 billion emergency funding bill for our
healthcare system; the second, a $100 billion bill to provide
additional relief to affected families, to small businesses, and to
workers.
These three relief measures are only the beginning. More legislation
will be coming to address this unprecedented economic and public
healthcare crisis. Once we defeat the virus, the economy will recover;
America will be back. The American people are strong. We are resilient.
We are determined to get through this, and we will. We are all
Americans. We are all in it together.
Be assured that Congress will stop at nothing to ensure that America
and Americans survive and revive and thrive. This storm will pass. The
people of this great Nation will emerge stronger than ever. Americans
will defeat the coronavirus together.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Tillis). Without objection, it is so
ordered.
____________________